Right of Withdrawal
Right of withdrawal for consumers
(A consumer is any natural person who enters into a legal transaction for purposes that are predominantly neither commercial nor attributable to their independent professional activity.)
Instructions on withdrawal
Right of Withdrawal
You have the right to withdraw from this contract within one month without giving any reason.
The withdrawal period is one month from the day
- on which you or a third party named by you, who is not the carrier, have taken possession of the goods, provided that you have ordered one or more goods as part of a single order and these are delivered uniformly;
- on which you or a third party named by you, who is not the carrier, have taken possession of the last goods, provided that you have ordered several goods as part of a single order and these are delivered separately;
- on which you or a third party named by you, who is not the carrier, have taken possession of the last partial consignment or the last item, provided that you have ordered goods that are delivered in several partial consignments or pieces;
To exercise your right of withdrawal, you must inform us (AsVIVA Brands GmbH, Borsig Street 4, 41541 Dormagen, Phone No.: +4921338688812, Email address: service@asviva.de) of your decision to withdraw from this contract by means of a clear statement (e.g., a letter sent by mail or an email). You may use the attached model withdrawal form for this purpose, but it is not mandatory.
You can also electronically fill in and submit the model withdrawal form or another clear declaration on our website (www.asviva.de). If you make use of this option, we will transmit to you an acknowledgment of receipt of such a withdrawal without delay (e.g. by email).
To meet the withdrawal deadline, it is sufficient for you to send your communication concerning your exercise of the right of withdrawal before the withdrawal period has expired.
Consequences of withdrawal
If you withdraw from this contract, we shall reimburse to you all payments received from you, including the costs of delivery (with the exception of the supplementary costs resulting from your choice of a type of delivery other than the least expensive type of standard delivery offered by us), without undue delay and in any event not later than 14 days from the day on which we are informed about your decision to withdraw from this contract. For this reimbursement, we will use the same means of payment as you used for the initial transaction, unless expressly agreed otherwise with you; in no event will you be charged any fees as a result of such reimbursement.
We may withhold reimbursement for goods suitable for parcel shipment until we have received the goods back or you have supplied evidence of having sent back the goods, whichever is the earliest.
We will collect goods that are not suitable for parcel shipment.
You shall send back or hand over the goods suitable for parcel shipment to us without undue delay and in any event not later than 14 days from the day on which you communicate your withdrawal from this contract to us. The deadline is met if you send off the goods suitable for parcel shipment before the period of 14 days has expired.
You shall bear the direct costs of returning goods suitable for parcel shipment as well as the direct costs of returning goods not suitable for parcel shipment. The costs for goods not suitable for parcel shipment are estimated at a maximum of approximately 100 EUR.
You are only liable for any diminished value of the goods resulting from the handling other than what is necessary to establish the nature, characteristics, and functioning of the goods.
Grounds for exclusion or expiry
The right of withdrawal does not apply to contracts
- for the supply of goods that are not prefabricated and for the manufacture of which an individual choice or determination by the consumer is decisive or which are clearly tailored to the personal needs of the consumer;
- for the supply of goods that are liable to deteriorate or expire rapidly;
- for the supply of alcoholic beverages, the price of which was agreed upon at the time of the conclusion of the contract, but which can be delivered no earlier than 30 days after the conclusion of the contract and whose current value depends on fluctuations in the market over which the entrepreneur has no influence;
- for the supply of newspapers, periodicals, or magazines, with the exception of subscription contracts.
The right of withdrawal expires prematurely for contracts
- for the supply of sealed goods that are not suitable for return due to health protection or hygiene reasons if their seal was removed after delivery;
- for the delivery of goods if, after delivery, they have been inseparably mixed with other goods due to their nature;
- for the delivery of audio or video recordings or computer software in a sealed package, if the seal was removed after delivery.
Model Cancellation Form
(If you wish to cancel the contract, please fill out this form and return it.)
- To AsVIVA Brands GmbH, Borsig Street 4, 41541 Dormagen, Email address: service@asviva.de :
- I/We (*) hereby revoke the contract concluded by me/us (*) for the purchase of the following goods (*)/
the provision of the following service (*)
- Ordered on (*)/received on (*)
- Name of consumer(s)
- Address of consumer(s)
- Signature of consumer(s) (only for notification on paper)
- Date
(*) Delete as applicable.
Frequently asked questions
How long do I have a right of cancellation?
You have the right to withdraw from this contract within one month without giving any reason.
How do I cancel my order?
By making a clear statement (e.g., letter or email) to AsVIVA Brands GmbH. You can use the model cancellation form, which is available for download as a PDF on this page.
Who bears the cost of returning the goods?
You bear the direct costs of returning the goods. For goods that cannot be sent by package, these are estimated at a maximum of approximately 100 EUR.
Supplementary information on fee-based additional goods and services (e.g., assembly/installation service)
The above cancellation policy applies to your purchase of goods and remains unaffected. For additional, fee-based services booked (in particular the assembly/installation service), the following applies in addition:
1. Express request. We will only perform such a service during the cancellation period if you expressly request it. You confirm your request when placing the order.
2. Expiration and compensation for value. Once the service has been fully performed, your right of withdrawal for this service expires. If you withdraw before the service has been fully performed, you owe us reasonable compensation for the performance already rendered.
3. Delivery type surcharge. Additional costs resulting from you choosing a different delivery method than the cheapest standard delivery offered by us (e.g., delivery to the place of use) will not be refunded in the event of withdrawal.
4. Separation. Your right of withdrawal for the goods remains unaffected by this; you can cancel the purchase of goods separately.
